If you or a loved one were injured on the job in Lancaster, SC, it’s important to understand your legal options. You may have rights under both personal injury laws and workers’ compensation laws. Many injured workers leave money on the table because they don’t understand their legal rights.
With an experienced Lancaster workers’ compensation lawyer by your side, you can rest assured that you’re recovering the full compensation you deserve. At Elrod Pope Accident & Injury Attorneys, we have what it takes to help you recover compensation for medical bills, lost wages, and more.
We’ve been fighting for clients like you since 1980–and we’ve recovered tens of millions of dollars. If you were injured, contact our law offices in Lancaster, South Carolina or call at (803) 902-7065 to schedule your free consultation today.
How Elrod Pope Accident & Injury Attorneys Can Help With Your Workers’ Compensation Claim in Lancaster, SC
You’re probably covered by workers’ comp if you were hurt on the job in Lancaster. While that’s a comforting thought when you’re injured, it doesn’t mean your path to recovering compensation will be easy.
Employers and their workers’ compensation insurance companies don’t always want to pay. You’ll have to prove that you’re serious about getting every available dollar.
That’s how the Lancaster personal injury attorneys at Elrod Pope Accident & Injury Attorneys can help. We have decades of experience helping injured workers.
When you hire our legal team, you have a lawyer to:
- Handle all legal issues and paperwork
- File a claim for benefits
- Defend you if your workers’ comp claim is denied or delayed
- Determine how much you should be receiving each week
- Protect you if the insurance company is making you jump through hoops
- Evaluate your rights under state personal injury laws
- Negotiate for a full financial recovery
The workers’ compensation system is complicated. Our Lancaster personal injury lawyers know the ropes, and we know how to help. Contact us today to schedule your free case review.
Statistics on Workplace Accidents in South Carolina
According to the U.S. Bureau of Labor Statistics (BLS), private employers in South Carolina reported about 30,300 non-fatal workplace accidents in 2021. Unfortunately, another 107 South Carolina workers lost their lives in fatal accidents that year.
Work-related accidents can be extremely expensive. In 2022 alone, the South Carolina Workers’ Compensation Commission paid over $900.8 million in workers’ compensation claims.
What is Workers’ Compensation in South Carolina?
Workers’ compensation is a no-fault insurance system. It’s designed to compensate employees who are injured on the job. In theory, injured employees can file a claim and recover compensation without the hassle of personal injury lawsuits.
Under South Carolina workers’ compensation laws, nearly all employers must purchase workers’ compensation insurance. In exchange for that insurance coverage, you lose your right to sue your employer for damages.
What Do I Have to Prove to Receive Workers’ Comp Benefits in South Carolina?
You don’t have to prove that someone was negligent to receive workers’ compensation benefits.
Instead, you’re eligible for workers’ compensation if:
- You were an employee
- You sustained injuries or developed an illness in the course of employment
- Your employer has at least five employees
- You didn’t intentionally cause your injuries
- You weren’t under the influence of drugs and alcohol
- You weren’t an exempt railroad employee or agricultural employee
Unless a rare exception applies, you qualify for workers’ comp anytime you suffer a work-related injury or illness.
How Does Receiving Workers’ Comp Impact My Rights Under South Carolina Personal Injury Laws?
You still have rights, but those rights are limited. They depend on who caused your injuries.
As noted, you typically can’t sue your employer for damages outside the workers’ comp system. You may be entitled to sue a negligent third party for additional damages.
These lawsuits are often against:
- Negligent drivers in car accident cases
- Property owners who don’t maintain their property
- Manufacturers of defective work equipment
- General contractors
Our lawyers in Lancaster will carefully evaluate your case to determine who caused your injuries. Contact Elrod Pope Accident & Injury Attorneys today to get started.
What is My Lancaster Workers’ Compensation Case Worth?
Even the most experienced lawyer must understand the facts before offering a helpful answer to this question. However, some facts are relevant to every case.
The value of your workers’ compensation claim depends on:
- Your average weekly wage prior to the disability
- How long you’re unable to work
- Whether you can perform limited duties to earn partial compensation during recovery
- Whether your disability is temporary or permanent
- The nature of your injuries
Workers’ compensation benefits are limited because they only provide financial support for injured workers. You can’t seek compensation for things like pain and suffering. Your overall case value will usually be higher if you have the right to file a personal injury lawsuit against a negligent third party.
Further, the value of your workers’ comp check will be limited by state law. Each week of your recovery, you’ll receive about 66 2/3% of your average weekly wages prior to the disability. Your check, however, cannot exceed the annual state maximum of $1,035.78 per week in 2023.
What Types of Benefits Are Available to Work Injury Victims in South Carolina?
Workers’ compensation provides two primary types of benefits: medical benefits and wage replacement benefits. If you lost a family member in a fatal workplace accident, you may also qualify for death benefits.
Workers’ compensation should cover all of your reasonable and necessary medical expenses.
However, you’ll have to visit a doctor who is approved by your employer and the insurance company. Not all doctors qualify. For your medical costs to be covered, it’s important to make sure your doctor has been approved.
In an emergency, however, you should visit the nearest emergency room. Workers’ compensation covers emergency room costs regardless of whether the doctor has been formally approved.
Temporary Wage Replacement Benefits
Depending on the nature of your injury, your disability benefits could include:
- Temporary total disability benefits
- Temporary partial disability benefits
If you’re completely unable to work during your recovery, you should qualify for temporary total disability benefits. However, if you can return to work with restrictions, you’ll likely receive temporary partial disability benefits to compensate for the difference between what you earn before and after the disability.
Permanent Disability Benefits
If your injuries are permanent, you may qualify for:
- Permanent disability benefits
- Vocational rehabilitation benefits
If you’re never able to work again, you may receive permanent wage replacement benefits. That said, you should prepare for a challenge. You’ll have to submit to an independent medical examination (IME) to prove that the disability is permanent.
Some injuries are permanent but still allow the victim to work. If you can’t return to your old job but can work in some capacity, vocational rehabilitation can train you for a new position.
You Deserve Fair Compensation for All of Your Work-Related Injuries
You work hard for a living and didn’t ask to be hurt on the job.
Our Lancaster workers’ compensation attorneys are here to fight for fair compensation for all of your injuries, including:
- Broken bones
- Back injuries
- Nerve damage
- Facial injuries
- Soft tissue damage
- Traumatic brain injuries
- Spinal cord injuries
- Head and neck injuries
- Organ damage
- Hearing loss
- Lung damage
- Catastrophic injuries
- Wrongful death of a loved one
It’s important to ensure that you’re financially protected after a workplace injury–and that’s where an experienced Lancaster workplace accident attorney can help.
We Handle All Types of Workplace Injury Claims in Lancaster, SC
At Elrod Pope Accident & Injury Attorneys, we handle all types of workers’ compensation cases, including those involving:
- Construction site accidents
- Slip and fall accidents
- Scaffolding accidents
- Car accidents
- Trucking accidents
- Nail gun accidents
- Welding accidents
- Fires and explosions
- Exposure to live electricity
- Industrial accidents
- Building collapse
- Forestry accidents
- Accidents in restaurants and bars
- Repetitive motion injuries
- Exposure to toxic substances or chemicals
- Accidents where employees are struck by falling objects
- Accidents where employees are caught between objects
Anytime you are injured at work, you can count on us to fight for maximum compensation. While you recover, let us handle the heavy lifting. Call our workers’ compensation lawyers in Lancaster to schedule a free case review to get started.
How Long Do I Have to File a Claim for Compensation for a Workplace Injury in South Carolina?
In South Carolina, you have 90 days to notify your employer about the injuries. Wait longer, and you risk losing your right to file a claim for workers’ compensation benefits.
In personal injury cases, the statute of limitations is three years. You must typically file a lawsuit within three years or forfeit your right to seek compensation from a negligent third party.
Contact a Lancaster Workers’ Compensation Lawyer for a Free Consultation Today
Don’t wait too long to take legal action after a workplace injury. Because we offer free consultations, it never hurts to have an experienced Lancaster workers’ compensation lawyer review your case. Contact Elrod Pope Accident & Injury Attorneys by calling (803)9027065 to discuss your rights today.